Title
Protection of Philippine Cultural Heritage Law
Law
Republic Act No. 10066
Decision Date
Mar 26, 2010
The National Cultural Heritage Act of 2009 aims to preserve and promote Filipino culture and heritage through the establishment of policies, regulations, and incentives for the conservation, registration, and protection of cultural properties, as well as the promotion of cultural education and the establishment of cultural agencies and programs.

Law Summary

Definitions of Key Terms Related to Cultural Heritage

  • Provides specific definitions for terms such as "adaptive reuse," "cultural property," "intangible cultural heritage," "national cultural treasure," among others.
  • Defines categories of cultural properties, cultural agencies, and activities relevant to heritage.
  • Clarifies scope including movable, immovable, tangible and intangible cultural properties.

Categories and Protection of Cultural Property

  • Cultural property categorized as national cultural treasures, important cultural property, world heritage sites, and others.
  • Defines criteria for important cultural property, including works by national artists, historical structures over 50 years old, and archival materials.
  • Declares privileges such as priority government funding, official heritage markers, and special protection during conflict or disasters.
  • Procedures established for declaration and delisting of cultural properties.
  • Right of first refusal granted to cultural agencies for purchase of national treasures.
  • Dealers must be licensed and submit inventories; sale and export require clearances.

Heritage Zones

  • Heritage zones designated by appropriate cultural agencies in consultation with government bodies.
  • Local governments tasked to maintain zones respecting historical appearance and sociocultural practices.

Registration and Conservation of Cultural Property

  • Mandates the creation of the Philippine Registry of Cultural Property to document important heritage.
  • Cultural agencies and local governments maintain inventories; private owners register properties confidentially.
  • Conservation works must comply with international standards and be supervised by cultural agencies.
  • Promotes documentation and protection of traditional and contemporary arts.
  • Grants authority to National Museum for research, specimen collection, and monitoring archaeological sites.
  • Establishes heritage agreements with private owners to protect properties.
  • Supports the safeguarding of intangible cultural heritage in cooperation with UNESCO.
  • Prohibits relocation or alteration of immovable national treasures without permit.
  • Indigenous cultural properties protected through specific programs.
  • Renaming of designated historical sites restricted and subject to approval.

Regulation of Export, Import, and Repatriation of Cultural Property

  • Requires export permits for cultural property registered under the Registry, primarily for temporary scientific or exhibition purposes.
  • Government empowered to claim repatriation of illicitly exported cultural properties.
  • Allows international agreements on import and repatriation with reciprocal rights.

Powers of the Commission and Cultural Agencies

  • Authority to issue Cease and Desist Orders to prevent damage to cultural properties.
  • Can order compulsory repairs on neglected heritage properties.
  • Possess visitorial powers for inspection subject to owner consent.
  • Can deputize other government law enforcement agencies for enforcement.
  • Empowered to recover cultural properties in foreign custody.
  • Regulates archaeological and anthropological research and excavations with strict controls and permits.
  • Infrastructure projects must consider cultural heritage impacts.

Roles of Cultural Agencies and Cooperation with Government Units

  • Defines responsibilities of various cultural agencies based on their jurisdiction (e.g., National Museum, National Historical Institute).
  • Emphasizes coordination with multiple national and local agencies for heritage protection.
  • Encourages local government units to include cultural heritage programs and training.

Incentives and Support Programs for Cultural Heritage

  • Tax exemptions granted for donations to cultural agencies.
  • Financial grants available for conservation and research.
  • Annual awards for outstanding heritage preservation efforts.

Cultural Education Programs

  • Mandates inclusion of cultural heritage in education curricula at all levels.
  • Promotes educational materials and public access to historical sites.

Incentives for Cultural Heritage Workers

  • Scholarship, training, and career advancement programs for heritage workers.
  • Provides for scientific career merit system and merit awards.

Establishment and Functions of Sentro Rizal

  • Created to promote Philippine arts, culture, and language worldwide.
  • Overseas branches to provide cultural materials and educational programs.
  • Coordinates with Philippine schools abroad and offers cultural activities.

Penal Provisions for Violations

  • Prohibits destruction, alteration, illicit trade, and unauthorized export of cultural properties.
  • Sets penalties including fines and imprisonment, license revocation for dealers, and deportation for aliens.
  • Holds government officials accountable for nonfeasance regarding heritage protection duties.

National Endowment for Culture and the Arts

  • Establishes a special fund of 500 million pesos for cultural programs, sourced from PAGCOR and government appropriations.

Implementation and Repealing Clauses

  • Commission to promulgate implementing rules within 90 days.
  • Repeals inconsistent laws and regulations.
  • Includes separability and effectivity provisions for the Act.

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